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IN THE UNITED STATES DISTRICT COURT FOR

THE EASTERN DISTRICT OF PENNSYLVANIA

DOLORES (DEE) BARRETT, : CIVIL ACTION NO.

: 02-cv-4421

Plaintiff, :

:

v. :

:

THE GREATER HATBORO CHAMBER :

OF COMMERCE, INC., JOHN J. (BUD) :

AIKEN, and MICKEY GLANTZ, :

:

Defendants. :

DEFENDANTS’ RESPONSE IN OPPOSITION TO PLAINTIFF’S 

MOTION TO COMPEL THE DEPOSITION OF BUD AIKEN

Defendants, The Greater Hatboro Chamber of Commerce, Inc., John J. (Bud) 

Aiken, and Mickey Glantz, by and through their counsel, Sidney L. Gold & Associates,

P.C., hereby respond to Plaintiff’s Motion to Compel the Deposition of Bud Aiken as

follows:

1. On October 24, 2003, Plaintiff’s counsel unilaterally noticed the deposition

of Defendant Bud Aiken for November 18, 2003. Defendants’ counsel notified Plaintiff’s

counsel that he was unable to attend on said date due to a scheduling conflict.

2. On November 7, 2003, Plaintiff’s counsel again unilaterally noticed the

deposition of Defendant Bud Aiken for December 8, 2003. Defendants’ counsel again

notified Plaintiff’s counsel that he was unable to attend on said date due to a scheduling

conflict.

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3. On December 2, 2003, Plaintiff’s counsel again unilaterally noticed the

deposition of Defendant Bud Aiken for January 20, 2004. Defendants’ counsel again

notified Plaintiff’s counsel that he was unable to attend on said date due to a scheduling

conflict.

4. On February 9, 2004, Plaintiff’s counsel again unilaterally noticed the

deposition of Defendant Bud Aiken for March 1, 2004. Defendants’ counsel notified

Plaintiff’s counsel that Defendant Bud Aiken was scheduled to be out of town on said

date and was unable to attend said deposition.

5. On March 8, 2004, Plaintiff’s counsel filed a Motion to Compel the

deposition of Defendant Bud Aiken for April 1, 2004. 

6. Thereafter, Defendants’ counsel contacted Plaintiff’s counsel and stated

that he was unavailable for Defendant Bud Aiken’s deposition on April 1, 2004 in that he

was Ordered to attend a Settlement Conference before the Honorable Magistrate Thomas

Rueter on said date.

7. On March 18, 2004, in an attempt to amicably resolve this discovery 

dispute, Defendants’ counsel’s associate, Traci M. Greenberg, Esquire (“Greenberg”),

contacted Plaintiff’s counsel to provide additional dates for the deposition of Defendant

Bud Aiken.

8. In an obvious and intentional failure to engage in the spirit of cooperation,

Plaintiff’s counsel replied, “I’m not fucking gonna change it.” Ms. Greenberg requested

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that Plaintiff’s counsel refrain from the use of profanity and again stated that she was

attempting to cooperate with Plaintiff’s counsel to schedule said deposition. Plaintiff’s

counsel then stated that she could no longer speak to Ms. Greenberg and abruptly hung up

the telephone. 

9. Defendants’ counsel has at all times attempted to cooperate with Plaintiff’s 

counsel in scheduling all depositions. However, Plaintiff’s counsel has at all times

unilaterally noticed said depositions, without any regard for Defendants’ counsel’s

schedule. 

10. Defendants’ counsel will produce Defendant Bud Aiken for deposition at a

mutually agreeable time.

WHEREFORE, Defendants respectfully request that the Court deny Plaintiff’s

Motion to Compel the Deposition of Bud Aiken for April 1, 2004 in that Defendants’

counsel has been Ordered to appear before the Honorable Magistrate Thomas Rueter for a

Settlement Conference on said date. 

SIDNEY L. GOLD & ASSOCIATES, P.C.

By:S/Sidney L. Gold, Esquire -SG1387

 SIDNEY L. GOLD, ESQUIRE

 I.D. No.: 21374

 1835 Market Street, Suite 515

 Philadelphia, PA 19103

 (215) 569-1999

 Attorney for Defendants

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